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tax havens. Beside, free competition is wiped out when tax evasion is hidden by anonymity and the liability of partners and administrators over the collection of taxes becomes impossible. SEO Lebanon
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"Our proposals include the end of tax havens. They represent the key ally of international organized crime, drug trafficking, corruption and terrorism. It is not possible to effectively fight these evil manifestations, without attacking the financial rear that never failed them.", said President Luiz Inácio Lula da Silva at a recent event sponsored by "Valor Econômico" and "The Wall Street Journal".
In the last summit of the G20, group of the 20 largest economies in the world, president Lula's main proposal was the extinction of tax havens. Thus, to materialize the will of the president, domestically, we must simply amend the Normative Instruction RFB Nº 748 of June 28, 2007, issued by the Brazilian Internal Revenue Service, which governs the obligatory registration in the Cadastro Nacional da Pessoa Jurídica (CNPJ) of companies domiciled abroad.
Unlike Brazilian companies, that must identify all members and administrators, there is the secrecy sponsored by the Brazilian state on the composition of companies domiciled abroad. In fact, Article 15 of the Normative Instruction RFB Nº 748 enshrines a derogation for non-submission of names of members and administrators from companies domiciled abroad. Hence, they obtain the obligatory registration in the CNPJ and start doing business in Brazil without identifying its members and administrators. All they need is an assignee, often just a puppet without any professional or commercial relationship with the company domiciled abroad.
Worse: currently it is only required from companies domiciled abroad a document equivalent to their constitutive certificate. It means a simple declaration issued by a public entity of a tax haven with the company name, date of its opening, legal nature, company objective and an address. This document is unable to identify directors and individual members. Then, the Brazilian Board of Control of Financial Activities (COAF) requests information for the same public entity of a tax haven, almost always, with no answer.
In Brazil, the establishment of domestic companies must meet minimum legal requirements, such as the presentation of certificates of incorporations and by-laws. Hence, with much greater reason, we should require the same documents from companies domiciled abroad.
The general principles of economic activity under Article 170 of the Brazilian Constitution, notably those regarding national sovereignty and free competition, are flagrantly violated by the secrecy opportunity given to companies domiciled abroad. National sovereignty is violated when secrecy prevents the identification of the authors of crimes committed under the cloak of "ghost" companies created in well-known tax havens. Beside, free competition is wiped out when tax evasion is hidden by anonymity and the liability of partners and administrators over the collection of taxes becomes impossible.
Thus, if president Lula wants to tackle tax havens and accomplish what he said at the G20 summit, he can start by the amendment of the normative instruction, matching foreigners with the Brazilian taxpayers. Moreover, the president can also determine a complete scan in all other non-statutory acts, which may entertain this kind of disastrous economic performance from offshore companies. These simple administrative measures will have the effect of tackling tax evasion and money laundering, among many other illegal activities related to the use of offshore companies in Brazil. Hence, it will reverse an important burden: instead of running after insurmountable breaches of confidentiality, we will require from foreigners who want to do business here the same transparency demanded from Brazilian taxpayers.
Never before in the history of this country, simple changes in non-statutory acts will have had such an impact in cracking down on tax havens and money laundering centers. Furthermore, such measures do not depend on difficult political agreements in Congress or diplomatic negotiations southwards. We will be leveling administratively foreign investors wishing to participate in economic activity with Brazilian taxpayers, towards the desired fiscal justice. Indeed, one thing is the lack of regulation for establishing offshore companies in tax havens against our will. Another thing is our own administrative permissiveness regarding CNPJ enrollment that enables offshore companies from notorious tax havens to act freely in Brazil.
In conclusion, it is necessary to amend the Normative Instruction RFB Nº 748, to require the identification of individual members and administrators, as well as the deposit of all certificates of incorporation and by-laws from companies domiciled abroad. Subject to the declaration of inability to obtain new registration in the CNPJ and for the adjustment of existing entries. Similarly, a complete scan in all other non-statutory acts on the subject is necessary. Therefore, it is imperative not to waste president Lula's leadership and word, subdued by inertia in the making of our own homework with clear damages for Brazil's role in the building a new economic world order without tax havens.
Heráclio Mendes de Camargo Neto and Filemon Rose de Oliveira are Attorneys for the National Treasury in Brazil.
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I would like to thank you for the efforts you have made in writing this article. I am hoping the same best work from you in the future as well. In fact your creative writing abilities has inspired me.
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Key thing is to know who are
Key thing is to know who are you competing with? We must be clear that we are not competing with other sites. eCommerce companies need to compete with offline retail not online/ecommerce companies. The minimum requirement is a level playing field.
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Thank you for an additional
Thank you for an additional fantastic blog. Where else might one get that sort of information written in such a perfect way? I actually have a presentation that i am presently working on, and that i is looking for such information instead.
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the establishment of domestic
the establishment of domestic Lisinopril dosagecompanies must meet minimum legal requirements, such as the presentation of certificates of incorporations and by-laws.
President Lula and the Tax Havens
In the last summit of the G20, group of the 20 largest economies in the world, president Lula's main proposal was the extinction of tax havens. Thus, to materialize the will of the president, domestically, we must simply amend the Normative Instruction RFB Nº 748 of June 28, 2007, issued by the Brazilian Internal Revenue Service, which governs the obligatory registration in the Cadastro Nacional da Pessoa Jurídica (CNPJ) of companies domiciled abroad.
Unlike Brazilian companies, that must identify all members and administrators, there is the secrecy sponsored by the Brazilian state on the composition of companies domiciled abroad. In fact, Article 15 of the Normative Instruction RFB Nº 748 enshrines a derogation for non-submission of names of members and administrators from companies domiciled abroad. Hence, they obtain the obligatory registration in the CNPJ and start doing business in Brazil without identifying its members and administrators. All they need is an assignee, often just a puppet without any professional or commercial relationship with the company domiciled abroad.
Worse: currently it is only required from companies domiciled abroad a document equivalent to their constitutive certificate. It means a simple declaration issued by a public entity of a tax haven with the company name, date of its opening, legal nature, company objective and an address. This document is unable to identify directors and individual members. Then, the Brazilian Board of Control of Financial Activities (COAF) requests information for the same public entity of a tax haven, almost always, with no answer.
In Brazil, the establishment of domestic companies must meet minimum legal requirements, such as the presentation of certificates of incorporations and by-laws. Hence, with much greater reason, we should require the same documents from companies domiciled abroad.
Thus, if president Lula wants to tackle tax havens and accomplish what he said at the G20 summit, he can start by the amendment of the normative instruction, matching foreigners with the Brazilian taxpayers. Moreover, the president can also determine a complete scan in all other non-statutory acts, which may entertain this kind of disastrous economic performance from offshore companies. These simple administrative measures will have the effect of tackling tax evasion and money laundering, among many other illegal activities related to the use of offshore companies in Brazil. Hence, it will reverse an important burden: instead of running after insurmountable breaches of confidentiality, we will require from foreigners who want to do business here the same transparency demanded from Brazilian taxpayers.
Never before in the history of this country, simple changes in non-statutory acts will have had such an impact in cracking down on tax havens and money laundering centers. Furthermore, such measures do not depend on difficult political agreements in Congress or diplomatic negotiations southwards. We will be leveling administratively foreign investors wishing to participate in economic activity with Brazilian taxpayers, towards the desired fiscal justice. Indeed, one thing is the lack of regulation for establishing offshore companies in tax havens against our will. Another thing is our own administrative permissiveness regarding CNPJ enrollment that enables offshore companies from notorious tax havens to act freely in Brazil.
In conclusion, it is necessary to amend the Normative Instruction RFB Nº 748, to require the identification of individual members and administrators, as well as the deposit of all certificates of incorporation and by-laws from companies domiciled abroad. Subject to the declaration of inability to obtain new registration in the CNPJ and for the adjustment of existing entries. Similarly, a complete scan in all other non-statutory acts on the subject is necessary. Therefore, it is imperative not to waste president Lula's leadership and word, subdued by inertia in the making of our own homework with clear damages for Brazil's role in the building a new economic world order without tax havens.
Heráclio Mendes de Camargo Neto and Filemon Rose de Oliveira are Attorneys for the National Treasury in Brazil.
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